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Articles 1 - 30 of 50
Full-Text Articles in Law
Bush V. Gore - Georgia Lived It Before: Pickrick And The Warren Court, Alfred R. Light
Bush V. Gore - Georgia Lived It Before: Pickrick And The Warren Court, Alfred R. Light
Georgia State University Law Review
No abstract provided.
Twenty Questions (Or The Hardest Course In Law School), Eric J. Segall
Twenty Questions (Or The Hardest Course In Law School), Eric J. Segall
Georgia State University Law Review
No abstract provided.
Chandler V. United States: Does The Defense Attorney Have A Legal Obligation To Present Mitigation Evidence In Eleventh Circuit Death Penalty Cases?, Bill Cristman
Georgia State University Law Review
No abstract provided.
The Nondelegation Doctrine After Whitman V. American Trucking Associations: Constitutional Precedent Breathes A Sigh Of Relief, Darren Summerville
The Nondelegation Doctrine After Whitman V. American Trucking Associations: Constitutional Precedent Breathes A Sigh Of Relief, Darren Summerville
Georgia State University Law Review
No abstract provided.
Judicial Exploitation Of Mens Rea Confusion, At Common Law And Under The Model Penal Code, Robert Batey
Judicial Exploitation Of Mens Rea Confusion, At Common Law And Under The Model Penal Code, Robert Batey
Georgia State University Law Review
No abstract provided.
Riaa V. Napster: The Struggle To Protect Copyrights In The Internet Age, Russell P. Beets
Riaa V. Napster: The Struggle To Protect Copyrights In The Internet Age, Russell P. Beets
Georgia State University Law Review
No abstract provided.
The Federally Supported Health Center Assistance Act: National Malpractice Insurance And How It Works, Don A. Dennis
The Federally Supported Health Center Assistance Act: National Malpractice Insurance And How It Works, Don A. Dennis
Georgia State University Law Review
No abstract provided.
Elections Elections And Primaries Generally: Provide Automatic Disqualification Of Candidates Who Pay A Qualifying Fee With A Dishonored Check; Authorize Secretary Of State To Investigate Election Fraud; Extend Elections In Case Of A State Of Emergency; Change Provisions Relating To Municipal Elections And Municipal Registrars; Change Provisions Relating To Voter's Change Of Address; Provide Absentee Voters Must Use Voter Identification; Change Provisions Relating To Challenges Of Absentee Voter; Eliminate Use Of A Hunting Or Fishing License As Voter Identification; Change Special Election Requirements; Provide Tampering With Voting Equipment Is A Felony; Change Provisions Relating To Recall Elections, Rebecca Barrett
Georgia State University Law Review
The Act orders the superintendent to automatically disqualify a municipal or county candidate whose check for the qualifying fee is dishonored. The Act also authorizes the Secretary of State to investigate election fraud. The Act allows an election to be postponed when the Governor has declared a state of emergency. The Act gives a write-in candidate in a municipal election more time to give notice of his candidacy. The Act eliminates the requirement that municipal registrars must be residents of the county in which they are registrars. The Act requires registrars to forward a voter's change of address to the …
Professions And Businesses Dentists And Dental Hygienists: Allow Dental Hygienists To Perform Dental Screenings Without Supervision Under Certain Conditions; Provide For Information And Fees, Amy Pressley Mccarthy
Professions And Businesses Dentists And Dental Hygienists: Allow Dental Hygienists To Perform Dental Screenings Without Supervision Under Certain Conditions; Provide For Information And Fees, Amy Pressley Mccarthy
Georgia State University Law Review
The Act authorizes dental hygienists to perform dental screenings without supervision under certain circumstances. The Act also provides that each person who receives a dental screening must be informed in writing of the limitations of a dental screening and advised to seek a more thorough examination by a dentist. Additionally, the Act provides that individual hygienists shall not charge fees for such screenings.
Education Georgia Public Telecommunications Commission Act: Change Provisions Relating To The Establishment Of The Georgia Public Telecommunications Commission; Change The Composition Of The Georgia Public Telecommunications Commission; Provide For Related Matters, Bill Cristman
Georgia State University Law Review
The Act changes the composition of the Georgia Public Telecommunications Commission, which was formerly composed of six members appointed by the Governor and three ex officio members. The ex officio members were the State School Superintendent, the Chancellor of the University System, and the Commissioner of Technical and Adult Education. The Act removes the three ex officio members and mandates that the Governor shall appoint all nine members of the Commission. The terms of office of the three new members appointed under the Act will begin on July 1, 2001, and expire on June 30, 2002. From that point forward, …
Property Homestead And Exemptions: Change The Provisions Relating To Exemptions For Purposes Of Bankruptcy And Intestate Insolvent Estates; Change The Amounts Of Certain Exemptions; Provide For Calculation Of The Amounts Of Certain Exemptions And The Standards, Practices, And Procedures Connected Therewith; Provide For The Duties Of The Administrator Of The Governor's Office Of Consumer Affairs, John Dyer
Georgia State University Law Review
This Act raises the amount of exemptible value that bankrupt debtors will be able to insulate from unsecured creditor claims. The Act raises these amounts in multiple specific categories. The Act raises the exemptible amount of a debtor's interest in their primary residence from $5000 to $10,000. The Act also provides that in situations where the title to the property used for this homestead exemption is held in the name of only one of two spouses, the exemption amount shall be $20,000, thereby guaranteeing that each spouse will be able to use their $10,000 homestead exemption. The Act raises the …
Agriculture Pick-Your-Own-Agricultural Products: Provide Limited Liability For Owners And Operators Of Farms Specializing In Pick-Your Own Agricultural Products Under Certain Circumstances; Provide For Legislative Findings; Provide For Definitions; Provide For Warnings And Notices; Provide For An Effective Date, Misty M. Speake
Georgia State University Law Review
The Act limits the liability of farmers who allow the public to enter their land in order to pick produce directly from the fields. Farmers will no longer be liable for injuries resulting from inherit risks. However, farmers will continue to be liable for undisclosed latent conditions, willful or wanton disregard for safety and intentional injuries. While the Act requires that farmers provide notice to consumers of the limited liability through signs or in written contracts, failure to notify does not disqualify the farmer from claiming limited liability.
Torts Negligent Or Improper Administration Of A Polygraph Examination: Delete The Provisions Relating To Administration Of The Polygraph In Conformity With The Provisions Of Former Chapter 36 Of Title 43 Of The Official Code Of Georgia Annotated, Tiffani Z. Moody
Georgia State University Law Review
The Act deletes certain provisions so as to eliminate a cause of action for persons claiming damages resulting from a polygraph examiner not being properly licensed. The licensing board was repealed in 1994, and therefore polygraph examiners are no longer even able to obtain the license that was formerly required.
Local Government Authority To Enter Contracts: Provide For Additional Authority With Respect To Entering Into Certain Contracts Of One Year Or Less; Provide For An Exception, Trishanda L. Hinton
Local Government Authority To Enter Contracts: Provide For Additional Authority With Respect To Entering Into Certain Contracts Of One Year Or Less; Provide For An Exception, Trishanda L. Hinton
Georgia State University Law Review
This Act allows counties and municipal corporations to contract with federal income tax exempt, private, nonprofit organizations which fall under section 501(c)(3) of the Internal Revenue Code. These nonprofit organizations include chambers of commerce. The Act also provides an exception for any county funds collected under the hotel-motel tax, unless that county meets an additional exception.
Education Elementary And Secondary Education: Require Secondary Public Schools To Notify Students Who Are Eligible Of Their Right To Register To Vote And To Offer Such Students The Opportunity To Register To Vote At The School During The Month Of April Of Each Year, Amy Pressley Mccarthy
Georgia State University Law Review
The Act requires secondary public schools to notify eligible students of their right to register to vote and to offer such students the opportunity to register to vote at school during the month of April of each year.
Motor Vehicles And Traffic Trucks On Multi-Lane Highways: Change Certain Provisions Relating To Trucks Using Multi-Lane Highways To Allow The Department Of Transportation To Designate Usage Lanes, Nikole M. Crow
Georgia State University Law Review
The Act changes the Georgia Code relating to driving on the right side of roadways, overtaking and passing, and following too closely. The Act changes certain provisions relating to trucks using multi-lane highways. The Act also authorizes the Department of Transportation to designate certain usage lanes for trucks traveling on multi-lane highways.
Property General Provisions: Provide Protection For Failing To Disclose Certain Information During A Real Estate Transaction, Stephanie A. Everett
Property General Provisions: Provide Protection For Failing To Disclose Certain Information During A Real Estate Transaction, Stephanie A. Everett
Georgia State University Law Review
The Act protects brokers and licensees of brokers who fail to disclose that a property was occupied by a person with a virus or disease that is unlikely to be transmitted through occupancy of the dwelling place, or that the property was the site of a homicide, felony, suicide, or accidental death. The act prohibits a cause of action against any broker or licensee of the broker for failure to reveal this information absent a finding of fraud.
Crimes And Offenses Sexual Offenses: Forfeiture Of Motor Vehicles, Proceeds And Money Used To Facilitate Child Prostitution; Offenses Against Public Administration: Change Penalties For Escape; Criminal Procedure: Sentencing; Penal Institutions: Probation; Revocation, Teresa Byokawski
Georgia State University Law Review
The Act, entitled the 2001 Crime Prevention Act, amends several sections of the Georgia Code relating to crimes, including changing the penalties for escape. The Act provides for forfeiture of motor vehicles, money and proceeds that facilitate sexual offenses. The Act also changes the authority of trial judges over sentencing and probation, as well as the penalties relating thereto.
Professions And Businesses Architects: Change Certain Provisions Relating To Which Structures Do Not Require The Seal Of A Registered Architect; Provide That Nothing Shall Be Construed To Mean That Construction Contract Administration Services Are Required To Be Performed Exclusively By Architects; Change The Provisions Relating To Architect Seals And Documents Required To Be Sealed, Janice T. Hellmann
Georgia State University Law Review
The Act provides for a clearer standard for determining when the services of an architect are required by law. Specifically, the Act provides that the seal of an architect is not required for single story buildings less than 5000 square feet in area. The Act also exempts single story pre-engineered buildings from requiring an architect's seal, provide that they are not assembly occupancies, education occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, care facilities, or facilities that are classified as high hazard. Further, when the drawings and specifications for nonload-bearing …
Professions And Businesses Fair Health Care Billing: Provide For Legislative Findings And Intent; Provide For Standards Of Certain Health Benefit Plan Contracts And Provide For Obligations And Fees Thereunder; Prohibit Certain Collections And Legal Actions; Provide For Applicability; Require Information Regarding Laboratory Tests And Provide For Implementation And Immunity Relating Thereto, Jeffrey S. Bazinet
Georgia State University Law Review
The Act provides that all contracts between physicians and insurers offering managed care plans must be in writing and that neither insurers nor patients shall be liable for any medical fees which exceed contracted-for amounts The Act further provides that physicians may not collect or attempt to collect fees for which an insurer or a patient are not liable. The Act also gives the Composite State Board of Medical Examiners the authority to discipline a physician who fails to timely inform a patient that the physician has received the patient's laboratory results.
Revenue And Taxation Ad Valorem Taxation Of Property: Provide For A Technical Correction And Clarify Certain Provisions With Respect To An Ad Valorem Tax Exemption For Certain Farm Equipment Owned And Used By Family Owned Qualified Farm Products Producers, John Dyer
Georgia State University Law Review
The Act provides a technical correction to the Code. The Act changes the wording of the ad valorem taxation exemption provision pertaining to farm equipment. The Act clarifies that qualified farm product producers may exempt each owned piece of equipment which fits into a category of equipment mentioned in the Code. The Act also places a restriction on parties that may take advantage of the exemption; the Act specifies that only qualified farm products producers can take advantage of the exemption.
Professions And Businesses Physicians, Physician's Assistants, And Respiratory Care: Enact Patient Right To Know Act; Provide For Creation, Contents, And Dissemination Of Physician Profiles; Provide For Right To File Grievance Against Medical Provider; Require Board To Investigate Every Grievance Filed; Establish Right Of Patient To Inquire About Cost Of Treatment Prior To Receiving Such Treatment, Josh Marks
Georgia State University Law Review
The Act changes confidentiality provisions concerning investigations of and disciplinary actions against doctors. By adding a new chapter to the Georgia Code, the Act enacts the Patients Right to Know Act, which creates a physician profiling system. The profiles contain background information about doctors including education, number of years in practice, any felony convictions, malpractice judgments, and revocation of hospital privileges. The Act also allows patients to find out the cost of medical treatments. Finally, the Act provides that patients can file grievances against doctors for treatment received.
Game And Fish Horseshoe Crabs: Define A Certain Term; Provide For The Opening And Closing Of The Waters Of The State To The Taking Of Horseshoe Crabs For Bait; Limit The Taking Of Horseshoe Crabs For Bait To Persons Who Possess A Valid Personal Commercial Fishing License; Prohibit The Taking And Possession Of More Than Twenty-Five Horseshoe Crabs; Provide For Interstate Transport Of Horseshoe Crabs; Provide For The Taking And Possession Of Horseshoe Crabs For Medical Purposes Pursuant To A Permit Issued By The Department Of Natural Resources; Provide For Exceptions, Russell P. Beets
Georgia State University Law Review
The Act prohibits the taking of horseshoe crabs for bait except during certain specified times. In order to harvest horseshoe crabs, individuals must obtain a valid commercial fishing license, and are limited to twenty-five horseshoe crabs per person or seventy-five per boat. However, an exception is provided for approved uses in the medical field, as long as the taker has a valid permit issued by the Georgia Department of Natural Resources. Furthermore, the Act does not prohibit the interstate import of horseshoe crabs provided the importer has a bona fide bill of lading as proof that such horseshoe crabs were …
Conservation And Natural Resources Water Pollution And Surface-Water Use: Create The Metropolitan North Georgia Water Planning District; Provide A Statement Of Legislative Intent And Purpose; Provide For Advisory Councils And Committees To The District; Provide For Watershed, Storm-Water, Waste-Water, Water Supply, And Conservation Management For The District; Promote Public Education And Awareness On Water Quality And Supply Issues; Provide For Oversight, Powers And Duties Of The District, Amy Haywood
Georgia State University Law Review
The Act, called the Metropolitan North Georgia Water Planning District Act, creates the Water Planning District, sets out its purpose, and defines terms and rules pertaining to water planning and management for those counties which participate in the District. The Act addresses watershed, stormwater, wastewater, water supply, and conservation management for the Atlanta metropolitan area. The Act creates oversight of the District, and advisory councils and committees to make recommendations to the District Board.
Health Nursing Homes Employee Record Checks: Change Certain Definitions; Define Additional Terms; Change The Provisions Relating To Request For A Criminal Record Check With Respect To An Applicant For Employment In A Nursing Home; Provide That A Nursing Home Shall Make A Written Determination For Each Applicant For Whom A Criminal Record Check Is Performed; Provide That A Nursing Home Shall Not Employ A Person With An Unsatisfactory Determination; Provide That A Nursing Home That Hires An Applicant For Employment With A Criminal Record Shall Be Subject To Civil Penalties; Provide For The Amount Of Civil Penalties And Conditions For The Assessment Of Such Penalties, Anne-Marie Motto
Georgia State University Law Review
The Act requires that nursing homes perform a criminal records check before hiring any new employee. The Act also prohibits a nursing home from hiring anyone with an unsatisfactory determination and provides for penalties of $500 per day for each day that the nursing home employs anyone with a criminal record.
Insurance Actions Against Insurance Companies: Change Provisions Relating To An Insurer's Liability For Bad Faith Refusal To Pay For Loss Covered By Insurance; Provide For Insurer's Duties With Respect To Settlement Of Motor Vehicle Liability Policy Claims; Provide For A Private Cause Of Action For Unfair Claims Settlement Practices In Certain Circumstances, Kathryn H. Wade
Georgia State University Law Review
The Act amends provisions relating to claims against insurance companies, increasing an insurer's liability for bad faith refusal to pay for a loss covered by insurance. The Act specifically identifies an insurer's duties with respect to the settlement of motor vehicle liability policy claims. In addition, the Act provides for a private cause of action for third parties injured as a result of unfair claims settlement practices in certain circumstances and provides for damages and procedures associated with that cause of action.
Professions And Businesses Student Loans: Provide Mandatory Suspension Of Professional Licenses For Default Or Breach Of A Repayment Or Service Obligation Under Any Federal Education Loan, Loan Repayment, Or Service Conditional Scholarship Program; Provide For Notice; Authorize The Division Director To Promulgate Appropriate Rules And Regulations; Provide For Reinstatement Of Such Suspended Licenses Under Certain Conditions, Mauricia Allen
Georgia State University Law Review
The Act provides for the mandatory suspension of the professional license of any individual who defaults on or breaches a repayment or service obligation under any federal educational loan. The Act requires that the licensee be given notice and an opportunity to appear before the Licensing Board prior to the suspension of the license. The Act further requires that once a license is suspended it will only be reinstated upon a written release by the reporting agency that the licensee is making payments on or satisfying the service requirements of the loan. The Act provides that reinstatement of the license …
Public Officers And Employees State Employee Health Insurance: Provide For Inclusion In State Health Insurance Plan Of State Employees Of The Georgia-Federal State Inspection Service Who Are Active Or Retired Members Of The Employees' Retirement System Of Georgia, Nikole M. Crow
Georgia State University Law Review
The Act changes the Georgia Code concerning state health insurance plan coverage of inspection service employees. The Act also provides for an effective date of coverage for retired employees.
Motor Vehicles And Traffic Drivers' Licenses: Provide Training And Examination Requirements For Applicants; Change Provisions Regarding Instruction Permits, Graduated Licensing, And Relating Restrictions; Provide For Provisions Relating To Revocation Of License Of Persons Under Age 21 And Issuance Of New License Following Revocation; Change Provisions Relating To Licensing Exemptions, Stephanie A. Everett
Georgia State University Law Review
The Act requires every driver's license applicant to complete either a driver's education course with twenty hours of supervised driving or complete at least forty hours of supervised driving and pass a comprehensive on-the-road driving test as a prerequisite for a Class D driver's license. The Act mandates a 12:00 midnight to 6:00 A.M. curfew for all Class D license holders, eliminates any exceptions to the restricted driving times, and restricts the passengers of a Class D license holder to only family members for the first six months of licensure. The Act changes the restrictions for violating the DUI laws, …
Domestic Relations Child Custody Proceedings: Replace The Uniform Child Custody Jurisdiction Enforcement Act; Establish Updated, Uniform Procedures For Child Custody Proceedings; Provide How Courts Of This State Shall Treat Indian Tribes And Foreign Countries In Child Custody Proceedings And Enforcement Of Child Custody Determinations; Provide Remedies To Ensure Safety Of The Child; And Provide That Disclosure Of The Name And State Of A Family Violence Shelter Is Sufficient, Trishanda L. Hinton
Georgia State University Law Review
The Act updates the Uniform Child Custody Jurisdiction Act to include the requirements of the Hague Convention and two federal statutes enacted since the passage of the original law. The Act's primary changes include provisions for how the courts should treat Indian tribes and foreign countries with respect to a state court's jurisdiction and provisions to ensure a child's safety if a family violence situation should prevent detailed disclosure of the child's location.